New Delhi: The Supreme Court will constitute a five-judge bench to hear a petition seeking to declare Nikah Halala and polygamy among Muslims illegal. A bench consisting of Chief Justice DY Chandrachud, Justice Hema Kohli and Justice JB Pardiwala agreed to form a constitution in the midst of the hearing that was held today.
On August 30, a five-judge bench of Justice Indira Banerjee, Justice Hemant Gupta, Justice Suryakanth, Justice M M Sundresh and Justice Sudhanshu Dhulia was constituted to hear the case. Later, Justice Banarjee and Justice Gupta retired on 23 September and 16 October respectively. Due to their retirement, it is necessary to reconstitute the bench to consider the eight petitions filed against polygamy and Nikah Halala.
The petition seeks to examine the constitutionality of polygamy, which is permitted under the Muslim personal law. Nikah halala, is a form of marriage in which a divorced Muslim woman remarries her divorcee husband again.